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FEDERAL MORTGAGE FINANCE LTD v. OKEDO ENTERPRISES LTD

(2009) JELR 33797 (CA)

Court of Appeal  •  CA/C/5/2002  •  31 Mar 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. :(Delivering the Leading Judgment): This is an appeal against the judgment delivered on 22/11/2000 by the High Court of Justice, Akwa Ibom State sitting at Uyo.

The Respondent (then plaintiff) claimed against the appellant (as defendant) the following reliefs:

" 1. A declaration that is contractual relationship with the defendant at all material times is governed by the provisions of the Deed of Mortgage executed between the plaintiff and the defendant and no more.

2. A declaration that the Defendant's right to foreclose and or sell its Estate held by virtue of Certificate of Occupancy No. ITR/084/82 and located at Itam Junction in the capital city of Uyo, Akaw Ibom state of Nigeria has not crystallized.

3. An order directing the Defendant to effect a reconciliation of the plaintiff's account with the Defendant.

4. An injunction to restrain the defendant, Federal Mortgage Finance Limited, by its directors, officers, servants or agents or whosoever from …

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